Robert Hay KC Blog

Leasing

  • Section 146 notices

    There is a common misconception that receipt of a valid notice under s 146(1) of the Property Law Act 1958 requires the tenant to rectify the defaults alleged   within the time specified.  The purpose of a notice is to give the tenant an opportunity to consider its position and give a response: See: Primary RE Limited…

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  • Is a purchaser of land bound by covenants in a lease?

    There is a translation key (widget) on the mirrored blog for ease of reading for non-English speaking members of the public or professionals. The mirrored blog can be found at http://roberthaybarrister.blogspot.com.au/   When premises are sold the question often arises as to whether a tenant can enforce  covenants contained in the lease against the new owner? At common…

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  • When is the rent paid?

    There is a translation key(widget) on the mirrored blog for ease of reading for non-English speaking members of the public or professionals. The mirrored blog can be found at http://roberthaybarrister.blogspot.com.au/   Disputes often arise about whether the tenant has paid the rent by the due date in accordance with the lease. The problem usually arises where a…

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  • What is the tenant to do if the landlord unreasonbly withholds consent to an assignment?

    There is a translation key(widget) on the mirrored blog for ease of reading for non-English speaking members of the public or professionals. The mirrored blog can be found at  http://roberthaybarrister.blogspot.com.au/     Where a landlord refuses consent to an assignment of the term of the lease the tenant’s usual remedy is to seek a declaration that the…

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  • Distress for rent

    Section 12 of the Landlord and Tenant Act 1958 provided that distress for rent was abolished on13 August 1948.   Section 12 has been repealed.   The purpose of s.12 was not to abolish distress for rent but to make it clear that distress for rent had been abolished. Practitioners should be aware that the…

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  • Tenant’s fixtures

    There is a translation key(widget) on the mirrored blog for ease of reading for non-English speaking members of the public or professionals. The mirrored blog can be found at http://roberthaybarrister.blogspot.com.au/   Section 28(2) of the Landlord and Tenant Act 1958 has been repealed. Section 28(2) provided that: “If any tenant holding lands by virtue of any lease…

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